Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005 or the ADVANCE Democracy Act of 2005 - States that the promotion of freedom and democracy in foreign countries is a fundamental component of U.S. foreign policy.
Amends the State Department Basic Authorities Act of 1956 to establish the position of Under Secretary of State for Global Affairs, who shall have primary responsibility to assist the Secretary of State in implementing policies and activities relating to the transition to, and development of, democracy in nondemocratic countries.
Establishes within the Department of State: (1) an Office of Democratic Movements and Transitions; and (2) a position of Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor.
Directs the Secretary to establish at least one Regional Democracy Hub in U.S. missions in: (1) the Western Hemisphere; (2) Europe; (3) South Asia; (4) the Near East; (5) East Asia and the Pacific; and (6) Africa.
Sets forth provisions respecting strategies and activities to enhance democracy in foreign countries.
Establishes a Democracy Promotion and Human Rights Advisory Board.
Directs the Secretary to: (1) establish an Internet site for global democracy and human rights; (2) require each chief of mission in each foreign country categorized as nondemocratic to develop a strategy to promote democracy and support individuals and nongovernmental organizations that are committed to democratic principles.
Amends the Foreign Service Act of 1980 to include training in democracy and the promotion of democracy and human rights in provisions respecting Foreign Service training, performance pay, promotions, and chief-of-mission appointments.
Expresses the sense of Congress with respect to alliances with other democratic countries, including: (1) creation of Democracy Caucuses; (2) strengthening the Community of Democracies; (3) support for the initiative of the Government of Hungary and the governments of other European countries to establish a Democracy Transition Center; and (4) support for regional initiatives.
Authorizes the Secretary to make grants to U.S. nongovernmental organizations to assist the Community of Democracies.
Provides funding for the Human Rights and Democracy Fund.
Sets forth presidential actions with respect to nondemocratic countries.
Directs the President to collect information regarding incidents that may constitute crimes against humanity, genocide, slavery, or other violations of international humanitarian law by leaders or other government officials of nondemocratic countries.
Amends the the National Security Act of 1947, as amended by the International Religious Freedom Act of 1998, to express the sense of Congress that there should be within the National Security Council (NSC) a Special Assistant to the President on Nondemocratic Countries and Transition to Democracy.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 516 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 516
To advance and strengthen democracy globally through peaceful means and
to assist foreign countries to implement democratic forms of
government, to strengthen respect for individual freedom, religious
freedom, and human rights in foreign countries through increased United
States advocacy, to strengthen alliances of democratic countries, to
increase funding for programs of nongovernmental organizations,
individuals, and private groups that promote democracy, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2005
Mr. McCain (for himself and Mr. Lieberman) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To advance and strengthen democracy globally through peaceful means and
to assist foreign countries to implement democratic forms of
government, to strengthen respect for individual freedom, religious
freedom, and human rights in foreign countries through increased United
States advocacy, to strengthen alliances of democratic countries, to
increase funding for programs of nongovernmental organizations,
individuals, and private groups that promote democracy, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Advance Democratic
Values, Address Nondemocratic Countries, and Enhance Democracy Act of
2005'' or the ``ADVANCE Democracy Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Statement of policy
Sec. 4. Definitions
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Promotion of democracy in foreign countries
Sec. 102. Reports
Sec. 103. Translation of annual Department of State reports
Sec. 104. Strategies to enhance the promotion of democracy in foreign
countries
Sec. 105. Activities by the United States to promote democracy and
human rights in foreign countries
Sec. 106. Democracy Promotion and Human Rights Advisory Board
Sec. 107. Establishment and maintenance of Internet site for global
democracy and human rights
Sec. 108. Programs by United States missions in foreign countries and
activities of chiefs of mission
Sec. 109. Training for Foreign Service officers
Sec. 110. Performance pay; promotions; Foreign Service awards
Sec. 111. Appointments
TITLE II--ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES
Sec. 201. Alliances with other democratic countries
Sec. 202. Sense of Congress regarding the establishment of a Democracy
Caucus
Sec. 203. Annual diplomatic missions on multilateral issues
Sec. 204. Strengthening the Community of Democracies
Sec. 205. Funding for nongovernmental organizations supporting a
Community of Democracies
Sec. 206. Reports
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY
Sec. 301. Policy
Sec. 302. Human Rights and Democracy Fund
TITLE IV--SUPPORT FOR SPECIAL AND REGIONAL INITIATIVES
Sec. 401. Findings
Sec. 402. Sense of Congress regarding support for regional initiatives
TITLE V--PRESIDENTIAL ACTIONS
Sec. 501. Description of Presidential actions
Sec. 502. Investigation of violations of international humanitarian law
Sec. 503. Presidential communications
TITLE VI--NATIONAL SECURITY COUNCIL
Sec. 601. Special Assistant on Nondemocratic Countries
SEC. 2. FINDINGS.
Congress finds the following:
(1) All human beings are created equal and possess certain
rights and freedoms, including the fundamental right to
participate in the political life and government of their
respective countries. These inalienable rights are recognized
in the Declaration of Independence of the United States and in
the Universal Declaration of Human Rights of the United
Nations.
(2) Political legitimacy derives from the consent of the
governed, whether expressed directly or through representatives
chosen by free, fair, and open elections.
(3) In his Inaugural Address and State of the Union
Address, President George W. Bush upheld the pursuit of freedom
as the driving ideal of the foreign policy of the United States
and made clear that the best way to defend freedom is to spread
liberty to the places where tyranny thrives, opportunity is
stifled, and terrorism grows.
(4) The right to democracy was affirmed as a human right by
the United Nations Commission on Human Rights on April 27,
1999, by a vote of 50-0 with only two abstentions. The
resolution recognized that democracy is based on free, fair,
and open elections, a foundation of open and transparent civil
institutions, an independent judiciary, the rule of law, a free
press, the right of peaceful assembly, the freedom of religion,
and the right of every citizen to participate fully in the
political life of the citizen's country.
(5) Over the past three decades, the number of fully
democratic countries has more than doubled to 89 from 41, while
the number of countries governed by a dictator or a
totalitarian government decreased by 37 percent, often as a
result of nonviolent resistance by the peoples of such
countries, aided by support from democratic countries.
(6) According to the annual Freedom in the World report
published by Freedom House (an annual comparative assessment of
the state of political rights and civil liberties in 192
countries and 18 related and disputed territories), 75 percent
of the population of the world currently lives in countries
categorized as ``entirely free'' or ``partly free'', as opposed
to only 57 percent in 1973.
(7) These changes have been achieved in part through
sustained and comprehensive efforts by democratic countries,
including the United States and the democratic countries of
Europe, to support dissidents and democracy activists in non-
democratic countries.
(8) The continued lack of democracy, freedom, and
fundamental human rights in some countries is inconsistent with
the universal values on which the United States is based, the
promotion of which comprises a fundamental element of United
States foreign policy.
(9) The continued lack of democracy, freedom, and
fundamental human rights in some countries also poses a
security threat to the United States, its interests, and its
friends, as it is in such countries that radicalism, extremism,
and terrorism can flourish.
(10) There is a correlation between nondemocratic rule and
other threats to international peace and security, including
war, genocide, famine, poverty, drug trafficking, corruption,
refugee flows, human trafficking, religious persecution,
environmental degradation, and discrimination against women.
(11) Wars between or among democratic countries are
exceedingly rare, while wars between and among nondemocratic
countries are commonplace, with nearly 170,000,000 people
having lost their lives because of the policies of totalitarian
governments.
(12) There is a strong correlation between nondemocratic
rule and famine.
(13) Seventy-seven percent of refugees in the world come
from countries that lack electoral democracy.
(14) In nondemocratic countries, women are often exposed to
particular hardships and a lack of opportunity, and trafficking
in women and children often flourishes.
(15) There is a positive correlation between economic and
political freedom and preservation of the environment.
(16) A world that fully reflects fundamental human and
political rights would be free of dictatorship. Such a world
would be profoundly safer and more just, peaceful, prosperous,
and stable. Countries that lack freedom and democracy
necessarily limit the full flourishing of human potential and,
as such, a goal of United States foreign policy is to promote
universal democracy.
(17) The transition to democracy must be led from within
nondemocratic countries and by nationals of such countries who
live abroad. Nevertheless, democratic countries have a number
of instruments available for supporting democratic reformers
who are committed to promoting effective, nonviolent change in
nondemocratic countries.
(18) United States efforts to promote democracy in
countries where it is lacking can be strengthened. A full
evaluation of United States funds expended for the support of
democracy is necessary to ensure an efficient and effective use
of such funds.
(19) In 2002, Congress passed the Freedom Investment Act of
2002 (subtitle E of title VI of division A of the Foreign
Relations Authorization Act, Fiscal Year 2003) to increase the
focus on promoting human rights and democracy as an element of
United States foreign policy.
(20) United States ambassadors and diplomats can play a
critical role in the effort to promote democracy by publicly
demonstrating support for democratic principles, by discussing
democratic, social, and economic freedoms with citizens and
leaders of non-democratic countries, and by building
relationships with citizens that promote democratic principles,
practices, and values. United States missions in non-democratic
countries are potential ``islands of freedom'' in such
countries. Training and incentives are needed to assist United
States officials in strengthening the techniques and skills
required to promote democracy.
(21) Nongovernmental organizations and private individuals
and movements also play a vital role in promoting democracy,
and the United States must expand its support of such
organizations, individuals, and movements.
(22) The promotion of democracy requires a broad-based
effort with collaboration between all democratic countries. One
forum for advancing this effort is the Community of
Democracies, which first met in Warsaw, Poland, in June 2000,
and which is scheduled to meet in 2005 in Santiago, Chile.
(23) The promotion of such universal democracy constitutes
a long-term challenge that does not always lead to an immediate
transition to full democracy, but universal democracy is
achievable.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States --
(1) to promote freedom and democracy in foreign countries
as a fundamental component of United States foreign policy;
(2) to affirm fundamental freedoms and human rights in
foreign countries and to condemn offenses against those
freedoms and rights as a fundamental component of United States
foreign policy;
(3) to use all instruments of United States influence to
support, promote, and strengthen democratic principles,
practices, and values in foreign countries, including the right
to free, fair, and open elections, secret balloting, and
universal suffrage;
(4) to protect and promote fundamental political, social,
and economic freedoms and rights, including the freedom of
association, of expression, of the press, and of religion, and
the right to own private property;
(5) to protect and promote respect for and adherence to the
rule of law in foreign countries;
(6) to provide appropriate support to organizations,
individuals, and movements located in nondemocratic countries
that aspire to live in freedom and establish full democracy in
such countries;
(7) to provide, political, economic, and other support to
foreign countries that are willingly undertaking a transition
to democracy;
(8) to commit United States foreign policy to the long-term
challenge of promoting universal democracy; and
(9) to strengthen alliances and relationships with other
democratic countries in order to better promote and defend
shared values and ideals.
SEC. 4. DEFINITIONS.
In this Act:
(1) Annual report on democracy.--The term ``Annual Report
on Democracy'' means the Annual Report on Democracy required
under section 102(b).
(2) Annual report on the status of democratic alliances of
the united states.--The term ``Annual Report on the Status of
Democratic Alliances of the United States'' means the Annual
Report on the Status of Democratic Alliances of the United
States required under section 206(a).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations of the
House of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(4) Community of democracies and community.--The terms
``Community of Democracies'' and ``Community'' mean the
association of democratic countries committed to the global
promotion of democratic principles, practices, and values,
which held its First Ministerial Conference in Warsaw, Poland,
in June 2000.
(5) Department.--The term ``Department'' means the
Department of State.
(6) Eligible entity.--The term ``eligible entity'' means
any nongovernmental organization, international organization,
multilateral institution, private foundation, corporation,
partnership, association, or other entity, organization, or
group engaged in (or with plans to engage in) the promotion of
democracy and fundamental rights and freedoms in foreign
countries categorized as ``partly democratic'' or
``nondemocratic'' in the most recent Annual Report on
Democracy.
(7) Eligible individual.--The term ``eligible individual''
means any individual engaged in, or who intends to engage in,
the promotion of democracy and fundamental rights and freedoms
in foreign countries categorized as ``partly democratic'' or
``nondemocratic'' in the most recent Annual Report on
Democracy.
(8) Helsinki process.--The term ``Helsinki Process'' means
the multilateral process adopted at the Conference on Security
and Cooperation in Europe by member countries of the
Organization for Security and Cooperation in Europe to achieve
the security, economic, and humanitarian goals as agreed to in
the Helsinki Final Act of 1975 of the Conference on Security
and Cooperation in Europe (1 August 1975), and as reinforced in
subsequent agreements, including the Vienna Concluding Document
of 1983 of the Conference on Security and Cooperation in Europe
(15 January 1983), the Madrid Concluding Document of 1983 of
the Conference on Security and Cooperation in Europe (6
September 1983), and the Copenhagen Document of 1990 on the
Human Dimension of the Conference on Security and Cooperation
in Europe (29 June 1990).
(9) International financial institution.--The term
``international financial institution'' means the International
Bank for Reconstruction and Development, the International
Development Association, the International Monetary Fund, the
International Finance Corporation, the Inter-American
Development Bank, the African Development Bank, the African
Development Fund, the Asian Development Bank, the European Bank
for Reconstruction and Development, and the Multilateral
Investment Guarantee Agency.
(10) Regional democracy hub and hub.--The terms ``Regional
Democracy Hub'' and ``Hub'' mean the Regional Democracy Hubs
established under section 101(d)(2).
(11) Secretary.--The term ``Secretary'' means the Secretary
of State.
(12) Special assistant.--The term ``Special Assistant''
means the Special Assistant to the President on Nondemocratic
Countries established under subsection (l) of section 101 of
the National Security Act of 1947 (50 U.S.C. 402), as added by
section 601 of this Act.
(13) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of State for Global Affairs established
under section 1(b) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(b)), as amended by section
101(a)(2) of this Act.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. PROMOTION OF DEMOCRACY IN FOREIGN COUNTRIES.
(a) Codification of Under Secretary of State for Global Affairs.--
Section 1(b) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Under secretary of state for global affairs.--There
shall be in the Department of State, among the Under
Secretaries authorized by paragraph (1), an Under Secretary of
State for Global Affairs, who shall have primary responsibility
to assist the Secretary and the Deputy Secretary in the
formulation and implementation of United States policies and
activities relating to the transition to and development of
democracy in nondemocratic countries and to coordinate United
States policy on global issues, including issues related to
human rights, women's rights, freedom of religion, labor
standards and relations, the preservation of the global
environment, the status and protection of the oceans,
scientific cooperation, narcotics control, law enforcement,
population issues, refugees, migration, war crimes, and
trafficking in persons. The Secretary may assign such other
responsibilities to the Under Secretary for Global Affairs as
the Secretary determines appropriate or necessary. In
particular, the Under Secretary for Global Affairs shall have
the following responsibilities:
``(A) Promoting democracy and fundamental rights
and freedoms in foreign countries, condemning
violations of the right of an individual to participate
in the government and political life of the country of
the individual, either directly or through
representatives chosen in free, fair, and open
elections, and recommending appropriate actions to be
undertaken by the United States whenever such right is
violated or is in danger of being violated.
``(B) Coordinating with the Under Secretary for
Public Diplomacy and Public Affairs and employees and
officers from the regional bureaus of the Department of
State to--
``(i) promote the transition to and
development of democracy in nondemocratic
countries; and
``(ii) promote and strengthen the
development of democracy in countries that are
in transition to democracy.
``(C) Developing, in consultation with other
appropriate executive agencies having programs and
responsibilities related to democracy promotion, a
strategic plan to promote transition to and development
of democracy in nondemocratic countries and overseeing
implementation of the plan through an appropriate
interagency process.
``(D) Advising the Secretary regarding any
recommendation requested by any official of any other
agency that relates to the human rights situation in a
foreign country or the effects on human rights or
democracy in a foreign country of an agency program of
such official.
``(E) Assisting the Secretary in the preparation of
the reports required under section 102 of the Advance
Democratic Values, Address Nondemocratic Countries, and
Enhance Democracy Act of 2005.''.
(b) Additional Duties for Assistant Secretary of State for
Democracy, Human Rights, and Labor.--Section 1(c)(2) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is
amended--
(1) in subparagraph (A), by inserting after the first
sentence the following new sentence: ``The Assistant Secretary
of State for Democracy, Human Rights, and Labor shall also be
responsible to the Under Secretary of State for Global Affairs
for matters relating to the transition to and development of
democracy in nondemocratic countries, including promoting and
strengthening the development of democracy in foreign countries
that are in the early stages of a transition to democracy.'';
(2) by adding after subparagraph (B) the following new
subparagraph:
``(C) The Assistant Secretary of State for Democracy, Human
Rights, and Labor shall maintain continuous observation of and
review all matters pertaining to the transition to and
promotion and development of democracy in foreign countries. In
particular, the Assistant Secretary shall have the following
responsibilities:
``(i) Assisting the Under Secretary of State for
Global Affairs in the preparation of the reports
required under section 102 of the Advance Democratic
Values, Address Non-Democratic Countries, and Enhance
Democracy Act of 2005.
``(ii) Making recommendations to the Under
Secretary of State for Global Affairs regarding the
promotion of democracy in foreign countries, including
assisting the Under Secretary to--
``(I) promote transition to and development
of democracy in nondemocratic countries;
``(II) promote and strengthen the
development of democracy in foreign countries
that are in the early stages of a transition to
democracy; and
``(III) support and promote the academic
and intellectual study and discussion of
democracy in democratic, partly democratic, and
nondemocratic countries.
``(iii) Gathering detailed information that
furthers--
``(I) the identification of foreign
countries that are democracies, the extent to
which democracy is established in such
countries, and the extent to which such
countries are committed to promoting democratic
principles, practices, and values;
``(II) the understanding of the most
effective means of change and methods of
nonviolent action to promote and achieve
transition to democracy in a foreign country;
``(III) the identification of and
consultation with nongovernmental
organizations, individuals, and movements that
promote democratic principles, practices, and
values in partly democratic and nondemocratic
countries to obtain the views of such
organizations, individuals, and movements on
the approaches that the United States should
take to promote the transition of the
governments of such countries to full
democracies; and
``(IV) the documentation of human rights
abuses condoned or encouraged by leaders of
nondemocratic countries, including an
identification of such leaders.
``(iv) Consulting with nongovernmental
organizations, individuals, and movements committed to
the peaceful promotion of democracy, democratic
principles, practices and values, and fundamental
rights and freedoms.
``(v) Coordinating United States Government
assistance to promote democracy abroad, including
designing and coordinating an overall assistance
strategy, pursuing coordination with other countries
and international organizations, ensuring proper
management, implementation, and oversight by United
States agencies, and resolving policy and program
disputes among such agencies.
``(vi) Performing such other responsibilities which
serve to promote and develop democracy in foreign
countries.''.
(c) Authorization of Appropriations.--In addition to amounts
otherwise authorized, there is authorized to be appropriated to the
Secretary of State $10,000,000 for fiscal year 2006, and such sums as
may be necessary in each fiscal year thereafter, for the hiring of
staff and the conduct of the business of the offices of the Under
Secretary of State for Global Affairs and the Assistant Secretary of
State for Democracy, Human Rights, and Labor.
(d) Department of State and United States Missions Abroad.--
(1) Office of democratic movements and transitions.--
(A) Establishment.--There is established within the
Bureau of Democracy, Human Rights, and Labor of the
Department of State an Office of Democratic Movements
and Transitions.
(B) Purpose.--The Office shall promote transitions
to full democracy in countries that have been
designated as nondemocratic or partly democratic in the
most recent Annual Report on Democracy required under
section 102(b).
(C) Director.--The Secretary, after consultation
with the Assistant Secretary of State for Democracy,
Human Rights, and Labor, shall appoint a Director to
head the Office, who shall report to the Assistant
Secretary. The individual chosen as Director should
possess clearly demonstrated competence in and
commitment to the promotion of democracy, including
competence in promoting democratic principles,
practices, values, and ideals through nonviolent means.
(D) Responsibilities.--The Director of the Office
shall--
(i) develop relations with, consult with,
and provide assistance to nongovernmental
organizations, individuals, and movements that
are committed to the peaceful promotion of
democracy, democratic principles, practices,
and values, and fundamental rights and freedoms
in countries described in subparagraph (B);
(ii) develop strategies and programs to
promote peaceful change in such countries;
(iii) provide political, financial, and
other support to nongovernmental organizations,
individuals, and movements that promote
democratic principles, practices, and values in
such countries, including providing training in
the strategy and tactics of nonviolent change
and providing training equipment related to
such purpose;
(iv) foster relationships between
nongovernmental organizations, individuals, and
movements and the United States and the
governments of other democratic countries, and
establish common positions with other
democratic countries and the Community of
Democracies to promote democratic transitions
in countries described in subparagraph (B);
(v) foster dialogue, to the extent
practicable, between the leaders of such
nongovernmental organizations, individuals, and
movements and the officials of such countries;
(vi) evaluate recommendations by the
Democracy Promotion and Human Rights Advisory
Board, established under section 106, regarding
strategies to promote democracy in such
countries;
(vii) communicate with the leaders and
other senior government officials of such
countries concerning respect for liberty,
democracy, and political, social, and economic
freedoms;
(viii) communicate with opposition
political parties within such countries that
support democratic values and respect for human
rights;
(ix) create narratives and histories
required under section 107(b) for the Internet
site for global democracy and human rights and
assist in the preparation of the Annual Report
on Democracy required under section 102; and
(x) facilitate, in coordination with public
affairs officers and offices of the Department
of State responsible for public diplomacy
programs in such countries, debates and
discussions, including among young people in
other countries, regarding the values and
benefits of democracy and human rights at
academic institutions in such countries.
(2) Regional democracy hubs at united states missions
abroad.--
(A) Establishment.--
(i) In general.--The Secretary shall
establish at least one Regional Democracy Hub
at one United States mission in each of the
following geographic regions:
(I) the Western Hemisphere;
(II) Europe;
(III) South Asia;
(IV) the Near East;
(V) East Asia and the Pacific; and
(VI) Africa.
(ii) Director.--Each Regional Democracy Hub
shall be headed by a Director. The Director and
the associated staff shall be selected by the
Secretary in consultation with the Assistant
Secretary for Democracy, Human Rights, and
Labor.
(B) Responsibilities.--Each Regional Democracy Hub
shall support the appropriate United States ambassador
and United States employees assigned to United States
missions in each such geographic region to carry out
the responsibilities described in this Act, including--
(i) assisting the Assistant Secretary for
Democracy, Human Rights, and Labor and the
Under Secretary to conceive and implement
strategies for transitions to democracy for
each nondemocratic country in the geographic
region for which such Hub is responsible,
including regional strategies as appropriate,
and assisting such United States missions to
prepare the reports required under section 102;
(ii) helping to design and implement
programs funded by the Human Rights and
Democracy Fund described in section 302,
including making proposals directly to the
Assistant Secretary for Democracy, Human
Rights, and Labor regarding the use of the
Fund; and
(iii) supporting the implementation of
other requirements of this Act, including
identifying opportunities for United States
officials to speak directly to citizens,
particularly to young people, in such
countries.
(C) Accreditation.--As appropriate, the Department
shall seek accreditation for the Director to all
nondemocratic countries in each geographic region for
which each Hub is responsible.
(D) Termination.--No earlier than two years after a
geographic region has ceased to include any
nondemocratic or partly democratic country, the
Secretary may terminate the Hub for such region.
(E) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such
sums as may be necessary to carry out the
responsibilities described in subparagraph (B),
including hiring additional staff to carry out such
responsibilities.
(3) Responsibilities of the bureau of intelligence and
research.--The Assistant Secretary for Intelligence and
Research shall coordinate with the Department of the Treasury,
the Department of Justice, the Central Intelligence Agency,
other appropriate intelligence agencies, and, as appropriate,
with foreign governments to--
(A) monitor and document financial assets inside
and outside the United States held by leaders of
countries determined to be nondemocratic for purposes
of the Annual Report on Democracy required under
section 102;
(B) identify close associates of such leaders; and
(C) monitor and document financial assets inside
and outside the United States held by such close
associates.
(4) Coordination.--
(A) Deputy assistant secretary of state for
democracy, human rights, and labor.--There shall be in
the Department a Deputy Assistant Secretary of State
for Democracy, Human Rights, and Labor who shall report
to the Assistant Secretary of State for Democracy,
Human Rights, and Labor. Such Deputy Assistant
Secretary shall be in addition to the current number of
such other Deputy Assistant Secretaries so reporting.
In addition to considering qualified noncareer
candidates, the Secretary shall seek to recruit senior
members of the Senior Foreign Service to serve in such
position.
(B) Responsibilities.--In addition to such other
duties as the Secretary or Assistant Secretary of State
for Democracy, Human Rights, and Labor may from time to
time designate, the Deputy Assistant Secretary of State
for Democracy, Human Rights, and Labor shall--
(i) coordinate the work of the Office of
Democratic Movements and Transitions with the
work of other offices and bureaus at the
Department;
(ii) coordinate the work of the Office of
Democratic Movements and Transitions with the
work of other United States Government
agencies;
(iii) forge connections between the United
States and nongovernmental organizations,
individuals, and movements committed to the
promotion of democracy and democratic
principles, practices, and values; and
(iv) seek ways to promote and enhance the
work of nongovernmental organizations,
individuals, and movements committed to the
promotion of democracy and democratic
principles, practices, and values.
(5) Recruitment.--The Secretary shall seek to ensure that
no later than December 31, 2012, not less than 50 percent of
the nonadministrative employees serving in the Bureau of
Democracy, Human Rights, and Labor are members of the Foreign
Service.
SEC. 102. REPORTS.
(a) Portions of Annual Human Rights Reports.--The Under Secretary
shall assist the Secretary in the preparation of those portions of the
reports and other information provided to Congress required under
sections 116 and 502B of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n and 2304) that relate to freedom and political rights as set
forth in the Universal Declaration of Human Rights.
(b) Annual Report on Democracy.--
(1) Preparation and deadline for submission.--The Secretary
shall prepare an Annual Report on Democracy. The Under
Secretary, with the assistance of the Assistant Secretary of
State for Democracy, Human Rights, and Labor, shall have the
principal responsibility of assisting the Secretary in the
preparation of the Annual Report. The Under Secretary and
Assistant Secretary shall consult with the regional bureaus of
the Department in the preparation of the Annual Report. Not
later than July 1 of each year, the Secretary shall submit to
the appropriate congressional committees the Annual Report on
Democracy.
(2) Contents.--The Annual Report on Democracy shall contain
the following:
(A) Executive summary.--An Executive Summary with a
table listing every foreign country, together with a
categorization of each country as ``fully democratic'',
``partly democratic'', or ``nondemocratic''. The
Executive Summary shall contain a short narrative
highlighting the status of democracy in each country
categorized as partly democratic or nondemocratic.
(i) Determination of categorization.--With
respect to a country listed in the Executive
Summary, the Secretary shall determine which of
the categorizations specified under
subparagraph (A) is appropriate by reference to
the principles enshrined in the United Nations
Charter, the Universal Declaration of Human
Rights, the International Covenant on Civil and
Political Rights, the United Nations Commission
on Human Rights Resolution 1499/57 (entitled
``Promotion of the Right to Democracy''), the
assessments used to determine eligibility for
financial assistance disbursed from the
Millennium Challenge Account, the assessments
of nongovernmental organizations used to
determine eligibility to participate in the
meetings of the Community of Democracies, and
the standards established and adopted by the
Community of Democracies. In addition, the
categorization of a country should be informed
by the general consensus regarding the status
of civil and political rights in such country
by major nongovernmental organizations that
conduct assessments of such conditions in such
countries.
(ii) Determination of nondemocratic
categorization.--
(I) In general.--The Secretary
shall categorize a country as
nondemocratic if such country fails to
satisfy any of the following
requirements:
(aa) All citizens of such
country have the right to, and
are not restricted in practice
from, fully and freely
participating in the political
life of such country regardless
of gender, race, language,
religion, or beliefs.
(bb) The national
legislative body of such
country and, if directly
elected, the head of government
of such country, are chosen by
free, fair, open, and periodic
elections, by universal and
equal suffrage, and by secret
ballot.
(cc) More than one
political party in such country
has candidates who seek elected
office at the national level
and such parties are not
restricted in their political
activities or their process for
selecting such candidates
except for reasonable
administrative requirements
commonly applied in countries
categorized as fully
democratic.
(dd) All citizens in such
country have a right to, and
are not restricted in practice
from, fully exercising the
freedoms of thought,
conscience, belief, peaceful
assembly and association,
speech, opinion, and
expression, and such country
has a free, independent, and
pluralistic media.
(ee) The current government
of such country did not come to
power in a manner contrary to
the rule of law.
(ff) Such country possesses
an independent judiciary and
the government of such country
generally respects the rule of
law.
(II) Additional considerations.--
Notwithstanding the satisfaction by a
country of the requirements specified
under subclause (I), the Secretary may
categorize a country as nondemocratic
if the Secretary determines that such
is appropriate after consideration of
the principles specified under clause
(i) with respect to such country.
(B) Status of democracy.--A description of each
country categorized as partly democratic or
nondemocratic in the Executive Summary, including--
(i) an evaluation of trends over the
preceding 12 months towards improvement or
deterioration in the commitment to and
protection of democratic principles, practices,
values, institutions, and processes in each
such country;
(ii) an evaluation of the political rights
and freedoms enjoyed by individuals in each
such country and an evaluation of the factors
that prevent each such country from being
categorized as fully democratic; and
(iii) for each country previously
categorized as nondemocratic in the Executive
Summary from the preceding year, an evaluation
of any progress made over the previous calendar
year towards achieving a categorization of
partly democratic or fully democratic.
(C) Strategy for nondemocratic countries.--An in-
depth examination of each country categorized as
nondemocratic in the Executive Summary, including--
(i) a specific action plan developed
following consultations with nongovernmental
organizations, individuals, and movements that
promote democratic principles, practices, and
values in each such country to promote and
achieve transition to full democracy in each
such country, including a summary of actions
taken by the United States in furtherance of
such goal in the preceding 12 months;
(ii) a summary of any actions taken by the
President pursuant to section 501 with respect
to any such country, the effects of any such
actions, and if no such actions have been
taken, a statement explaining why not;
(iii) a summary of any actions taken by the
chief of mission and officials of the United
States in each such country with which the
United States maintains diplomatic and consular
posts with respect to promoting such a
transition within that country and any
activities of the embassy or consulate in that
country to support individuals and
organizations in that country that actively
advocate for such a transition;
(iv) a summary of efforts taken by
officials of the United States to speak
directly to the people in each country, and in
particular, a description of any visits taken
by the chief of mission and other officials of
the United States in each such country to the
colleges and universities and other
institutions in the country where young people
congregate and learn; and
(v) a summary of any communications between
United States Government officials, including
the chief of mission, and the leader and other
high government officials of each such country
concerning respect for liberty, democracy, and
political, social, and economic freedoms.
(D) United states policies.--A description of
United States actions and policies aimed at promoting
democracy in foreign countries categorized as partly
democratic or nondemocratic, and the extent to which
such actions and policies were undertaken in
coordination with other democratic countries.
(E) Peaceful transfers of political power.--A
description of peaceful transfers of political power in
each country categorized as partly democratic or
nondemocratic in the Executive Summary that have
occurred between rival political entities according to
established rules and without violence.
(3) Classified addendum.--If the Secretary determines that
it is in the national security interests of the United States,
is necessary for the safety of individuals identified in the
Annual Report on Democracy, or is necessary to further the
purposes of this Act, any information required by paragraph
(2), including policies adopted or actions taken by the United
States, may be summarized in the Annual Report on Democracy or
the Executive Summary and submitted to the appropriate
congressional committees in more detail in a classified
addendum.
(4) Public disclosure.--The Executive Summary shall be made
available on the Department of State Internet site, except for
information that is classified under paragraph (3).
(c) One-Time Report on Training and Guidelines for Foreign Service
Officers and Chiefs of Mission.--The Secretary, in consultation with
the Under Secretary, shall submit to the appropriate congressional
committees a one-time report containing a description of the training
provided under section 708(c) of the Foreign Service Act of 1980 (22
U.S.C. 4028(c)), as added by section 109(a), for foreign service
officers, including chiefs of mission serving or preparing to serve in
countries categorized as partly democratic or nondemocratic or chiefs
of mission in fully democratic countries whose job performance could
benefit from such training, with respect to methods to promote and
achieve transition to full democracy in each such country, including
nonviolent action. The Secretary shall submit the report together with
the first Annual Report on Democracy required under subsection (b).
SEC. 103. TRANSLATION OF ANNUAL DEPARTMENT OF STATE REPORTS.
(a) Translation.--The Secretary shall ensure that the relevant
country specific sections of the reports listed in subsection (b) that
relate to a particular country are translated into the principal
languages of such country and made available in such country.
(b) Reports.--The relevant country specific sections of the reports
referred to in subsection (a) are the following:
(1) Country specific sections of the most recent Annual
Report on Democracy.
(2) Country specific sections of the most recent annual
Trafficking in Persons Report prepared by the Office to Monitor
and Combat Trafficking in Persons of the Department of State.
(3) Country specific sections of the most recent Annual
Report on International Religious Freedom prepared by the
Office of International Religious Freedom in the Bureau of
Democracy, Human Rights, and Labor of the Department of State.
(4) Country specific sections of the most recent annual
Country Reports on Human Rights Practices prepared by the
Bureau of Democracy, Human Rights, and Labor of the Department
of State.
(c) Date for Completion.--Not later than 120 days after the
completion of each report described in subsection (a), the Secretary
shall ensure the translation of each such report.
(d) Authorization of Appropriations.--In addition to amounts that
are otherwise available for the translation of Department reports,
there is authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this section.
SEC. 104. STRATEGIES TO ENHANCE THE PROMOTION OF DEMOCRACY IN FOREIGN
COUNTRIES.
(a) Working Group on Nondemocratic Countries.--Beginning in the
year after the second Annual Report on Democracy required under section
102(b) is submitted and not less than once each year thereafter, the
Under Secretary shall convene a working group under subsection (c)
focused on each country designated as nondemocratic in the most recent
such report in order to--
(1) review progress on the action plan with respect to each
such country to promote and achieve the transition to full
democracy in such country; and
(2) receive recommendations regarding further action that
should be taken with respect to such plan.
(b) Working Group on Countries in Transition.--Beginning in the
year after the second Annual Report on Democracy required under section
102(b) is submitted and not less than once each year thereafter, the
Under Secretary should also convene a working group under subsection
(c) focused on the progress towards a fully democratic form of
governance in each country designated as ``partly democratic'' in the
most recent annual report that was designated as ``nondemocratic'' in
any of the previous annual reports.
(c) Members of Working Groups.--The working groups referred to in
subsections (a) and (b) shall include officers and employees of the
Department and appropriate representatives from other relevant
government agencies, including the United States Agency for
International Development, the Department of the Treasury, and the
Department of Defense.
(d) Consultations With Chiefs of Missions.--The chief of mission
for each country designated as nondemocratic or partly democratic in
the most recent Annual Report on Democracy shall meet with the Under
Secretary at least once each year to discuss the transition to full
democracy in such country, including any actions the chief of mission
has taken to implement the action plan for such country included in
such report.
SEC. 105. ACTIVITIES BY THE UNITED STATES TO PROMOTE DEMOCRACY AND
HUMAN RIGHTS IN FOREIGN COUNTRIES.
(a) Freedom Investment Act of 2002.--The Freedom Investment Act of
2002 (subtitle E of title VI of Public Law 107-228) is amended--
(1) in Section 663(a), (relating to human rights activities
at the Department of State)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) by redesignating paragraph (2) as paragraph
(4);
(C) by inserting after paragraph (1) the following
new paragraphs:
``(2) a United States mission abroad in a country that has
been designated as nondemocratic in the most recent Annual
Report on Democracy (as required under section 102(b) of the
Advance Democratic Values, Address Nondemocratic Countries, and
Enhance Democracy Act of 2005) should have at least one
political officer who shall have primary responsibility for
monitoring and promoting democracy and human rights in such
country;
``(3) the level of seniority of any such political officer
should be in direct relationship to the severity of the
problems associated with the establishment of full democracy
and respect for human rights in such country; and''; and
(D) in paragraph (4), as so redesignated, by
striking ``monitoring human rights developments'' and
all that follows through ``recommendation'' and
inserting the following: ``monitoring and promoting
democracy and human rights, including a political
officer described in paragraphs (2) and (3), in a
foreign country should be made after consultation with
and upon the recommendation''; and
(2) in section 665(c) (relating to reports on actions taken
by the United States to encourage respect for human rights), by
striking the second sentence and adding at the end the
following new sentences: ``If the Secretary elects to submit
such information as a separate report, such report may be
submitted as part of the Annual Report on Democracy required
under section 102(b) of the Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2005. If
the Secretary makes such an election, such report shall be
organized so as to contain a separate section for each country
to which such information applies, together with a short
narrative describing the extrajudicial killing, torture, or
other serious violations of human rights that are indicated to
have occurred in each such country.''.
(b) Foreign Assistance Act of 1961.--The Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d)), by striking
paragraph 10 and inserting the following new paragraph:
``(10) for each country with respect to which the report
indicates that extrajudicial killings, torture, or other
serious violations of human rights have occurred in the
country, a strategy, including a specific list of priorities
and an action plan, to end such practices in the country, and
any actions taken in the previous year to end such practices in
the country; and''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by striking the
sixth sentence and inserting the following new sentence: ``Such
report shall also include, for each country with respect to
which the report indicates that extrajudicial killings,
torture, or other serious violations of human rights have
occurred in the country, a strategy, including a specific list
of priorities and an action plan, to end such practices in the
country, and any actions taken in the previous year to end such
practices in the country.''.
SEC. 106. DEMOCRACY PROMOTION AND HUMAN RIGHTS ADVISORY BOARD.
(a) Establishment.--There is established a Democracy Promotion and
Human Rights Advisory Board.
(b) Purpose and Duties.--The Board shall advise and provide
recommendations to the Secretary, the Under Secretary of State, the
Assistant Secretary of State for Democracy, Human Rights, and Labor,
and the Assistant Administrator for the Bureau of Democracy, Conflict
and Humanitarian Assistance of the United States Agency for
International Development concerning United States policies regarding
the promotion of democracy and the establishment of universal
democracy, including the following:
(1) Reviewing and making recommendations regarding the
overall United States strategy for promoting democracy and
human rights in partly democratic and nondemocratic countries,
including methods for incorporating the promotion of democracy
and human rights into United States diplomacy, the use of
international organizations to further United States democracy
promotion goals, and ways in which the United States can work
with other countries and the Community of Democracies to
further such purposes.
(2) Recommendations regarding specific strategies to
promote democracy in countries categorized as nondemocratic in
the most recent Annual Report on Democracy submitted under
section 102(b), in countries that are in a transition to
democracy, and methods for consulting and coordinating with
individuals (including expatriates) and nongovernmental
organizations that promote democratic principles, practices,
and ideals.
(3) Recommendations regarding the use of--
(A) programs related to the promotion of democracy
and human rights administered by the United States
Agency for International Development; and
(B) the Human Rights and Democracy Fund,
established under section 664 of the Freedom Investment
Act of 2002 (subtitle E of title VI of Public Law 107-
228).
(4) Recommendations regarding regulations to be promulgated
concerning--
(A) the standards of performance to be met by
members of the Foreign Service, including chiefs of
mission, under section 405(d) of the Foreign Service
Act of 1980 (22 U.S.C. 3965(d)); and
(B) the development of programs to promote
democracy in foreign countries under section 108,
relating to programs undertaken by United States
missions in foreign countries and the activities of
chiefs of mission.
(c) Study on Democracy Assistance.--
(1) In general.--Not later than 18 months after the
appointment of five members of the Board, the Board shall
submit to the President, Congress, and the Secretary a study on
United States democracy assistance.
(2) Transmittal.--Copies of the report shall be transmitted
to the Under Secretary, the Assistant Secretary of State for
Democracy, Human Rights, and Labor, the Broadcasting Board of
Governors, the Administrator of the United States Agency for
International Development, the President of the National
Endowment for Democracy, the President of the Center for
International Private Enterprise, the President of the
International Republican Institute, the President of the
National Democratic Institute for International Affairs, and
the President of the Free Trade Union Institute.
(3) Contents.--The study shall include--
(A) a comprehensive review and an overall
evaluation of the efficiency and effectiveness of
United States appropriations for the promotion of
democracy, including--
(i) information regarding the amount of
money dedicated to such purpose each fiscal
year;
(ii) an identification of the international
organizations, nongovernmental organizations,
multilateral institutions, individuals, private
groups (including corporations and other
businesses), and government agencies and
departments receiving such funds for such
purpose;
(iii) information regarding the efficiency
and effectiveness of the use of such funds to
promote a transition to democracy in
nondemocratic countries with a special emphasis
on activities related to the promotion of
democracy under section 302(b), relating to the
Human Rights and Democracy Fund; and
(iv) information regarding the efficiency
and effectiveness of the use of such funds to
promote and sustain democracy in countries that
are already fully democratic or partly
democratic;
(B) a review of--
(i) the ability of the Broadcasting Board
of Governors to provide 24-hour service seven
days a week to all countries categorized as
nondemocratic in the most recent Annual Report
on Democracy and the influence such broadcasts
may have on the views of citizens of such
countries, including information relating to
programming on the means of nonviolent protest
and successful movements for democratic change
in other countries around the world; and
(ii) the advisability of supporting private
media sources that are not controlled or owned
by the United States, including by providing
grants, loans, or loan guarantees and by
establishing a new entity that would manage
such a program to promote a wider range of view
that have no connection to the United States;
(C) policy recommendations to the President and
Congress regarding ways to improve United States
programs for the promotion of democracy; and
(D) recommendations for reform of United States
Government agencies involved in the promotion of
democracy.
(d) Membership.--
(1) Appointment.--The Board shall be composed of nine
members, who shall be citizens of the United States and who
shall not be officers or employees of the United States. The
members shall be appointed as follows:
(A) Three members shall be appointed by the
President.
(B) Three members shall be appointed by the Speaker
of the House of Representatives, of whom two members
shall be appointed upon the recommendation of the
leader in the House of the political party that is not
the political party of the President, and of whom one
member shall be appointed upon the recommendation of
the leader in the House of the other political party.
(C) Three members shall be appointed by the
President pro tempore of the Senate, of whom two
members shall be appointed upon the recommendation of
the leader in the Senate of the political party that is
not the political party of the President, of whom one
member shall be appointed upon the recommendation of
the leader in the Senate of the other party.
(2) Selection and vacancies.--Members of the Board shall be
selected from among distinguished individuals noted for their
knowledge and experience in fields relevant to the issues to be
considered by the Board, including issues related to the
promotion of democracy, international relations, management and
organization of foreign assistance or comparable programs,
methods and means of nonviolent protest, academic study and
debate of democracy, human rights, and international law. A
vacancy on the Board shall not affect its powers, but shall be
filled in the manner in which the original appointment was
made.
(3) Time for appointment.--The appointment of members to
the Board under paragraph (1) shall be made not later than 120
days after the date of the enactment of this Act.
(4) Term of service and sunset.--Each member shall be
appointed to the Board for a term that shall expire on the date
that is one year after the date of the submission of the report
under subsection (c). The Board shall terminate on the date
that is one year after the date of the submission of the report
under such subsection.
(5) Security clearances.--The Secretary shall ensure that
all members of the Board, and appropriate experts and
consultants under paragraph (6)(H), obtain relevant security
clearances in an expeditious manner.
(6) Operation.--
(A) Chairperson.--Not later than 15 days after the
completion of the appointment of all members to the
Board under paragraph (1), the President shall appoint
a chairperson for the Board from among the members.
(B) Meetings.--The Board shall meet at the call of
the chairperson. The initial meeting of the Board shall
be held not later than 30 days after the appointment of
the chairperson under subparagraph (A).
(C) Quorum.--A majority of the members of the Board
shall constitute a quorum to conduct business, but the
Board may establish a lesser quorum for conducting
meetings scheduled by the Board.
(D) Rules.--The Board may establish by majority
vote any other rules for the operation of the Board
under this paragraph, if such rules are not
inconsistent with this Act or other applicable law.
(E) Travel expenses.--Members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
service for the Board.
(F) Office space and administrative assistance.--
Upon the request of the chairperson of the Board, the
Secretary shall provide reasonable and appropriate
office space, supplies, and administrative assistance.
(G) Applicability of certain other laws.--Nothing
in this section shall be construed to cause the Board
to be considered an agency or establishment of the
United States, or to cause members of the Board to be
considered officers or employees of the United States.
Executive branch agencies may conduct programs and
activities and provide services in support of the
activities duties of the Board, notwithstanding any
other provision of law. The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Board.
(H) Experts and consultants.--The Board may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Board $2,000,000 for each of fiscal years 2006,
2007, and 2008.
SEC. 107. ESTABLISHMENT AND MAINTENANCE OF INTERNET SITE FOR GLOBAL
DEMOCRACY AND HUMAN RIGHTS.
(a) Establishment.--In order to facilitate access by individuals
and nongovernmental organizations in foreign countries to documents,
streaming video and audio, and other media regarding democratic
principles, practices, and values, and the promotion and strengthening
of democracy, the Secretary, in cooperation with the Under Secretary,
the Under Secretary for Public Diplomacy and Public Affairs, and the
Assistant Secretary of State for Democracy, Human Rights, and Labor,
shall establish and maintain an Internet site for global democracy and
human rights.
(b) Contents.--The Internet site for global democracy established
under subsection (a) shall contain the following information:
(1) The Executive Summary prepared under section
102(b)(2)(A), but only to the extent that information contained
therein is not classified.
(2) The texts of the founding documents of the United
States, including the Declaration of Independence, the
Constitution, appropriate excerpts from the Federalist Papers,
and other documents that the Under Secretary determines
appropriate.
(3) Selected texts of the founding documents of the leading
democratic countries that the Under Secretary determines
appropriate.
(4) Narratives and histories of significant democratic
movements in foreign countries, particularly regarding
successful nonviolent campaigns to oust dictatorships.
(5) Narratives relating to the importance of the
establishment of and respect for fundamental freedoms.
(6) The annual Trafficking in Persons Report prepared by
the Office to Monitor and Combat Trafficking in Persons of the
Department of State.
(7) The annual International Religious Freedom Report
prepared by the Office of International Religious Freedom in
the Bureau of Human Rights and Labor of the Department of
State.
(8) The annual Country Reports on Human Rights Practices
prepared by the Bureau of Human Rights and Labor of the
Department of State.
(9) Any other documents, references, or links to external
Internet sites the Secretary or Under Secretary determines
appropriate, including reference to or links to training
materials regarding successful movements in the past.
(c) Translation.--
(1) In general.--The Secretary shall ensure that the
relevant country specific sections of the Annual Report on
Democracy and the country specific sections of the content
described in paragraphs (7) through (9) of subsection (b) that
relate to particular countries are translated into the
principal languages of such countries and posted on the
Internet website described in such subsection.
(2) Date for posting.--Not later than 120 days after the
submission of the Annual Report on Democracy, the translations
required by this subsection shall be completed.
SEC. 108. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN COUNTRIES AND
ACTIVITIES OF CHIEFS OF MISSION.
(a) Development of Programs To Promote Democracy in Foreign
Countries.--The Secretary shall direct each chief of mission in each
foreign country categorized as nondemocratic in the most recent Annual
Report on Democracy to--
(1) develop, as part of annual program planning, a strategy
to promote democracy in the foreign country and to provide
visible and material support to individuals and nongovernmental
organizations in that country that are committed to democratic
principles, practices, and values, such as--
(A) consulting and coordinating with such
individuals and organizations regarding the promotion
of democracy;
(B) visiting local landmarks and other local sites
associated with nonviolent protest in support of
democracy and freedom from oppression;
(C) holding periodic public meetings with such
individuals and organizations to discuss democracy and
political, social, and economic freedoms;
(D) issuing public condemnation of severe
violations of internationally recognized human rights
(as such term is described in section 116(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a)),
violations of religious freedom, including particularly
severe violations of religious freedom (as such terms
are defined in paragraphs (11) and (13) of section 3 of
the International Religious Freedom Act of 1998 (22
U.S.C. 6402)), political repression, and government-
tolerated or condoned trafficking in persons; and
(E) providing technical, financial, and such other
support to such individuals and organizations;
(2) hold ongoing discussions with the leaders of the
nondemocratic country regarding a transition to full democracy
and the development of political, social, and economic freedoms
and respect for human rights, including freedom of religion or
belief, in the country; and
(3) conduct meetings with civil society, interviews with
media that can directly reach citizens of such country, and
discussions with students and young people of the nondemocratic
country regarding a transition to democracy and the development
of political, social, and economic freedoms in the country.
(b) Public Outreach in Foreign Countries.--Each chief of mission or
principal officer should spend a substantial amount of time at
universities and other institutions of higher learning to--
(1) debate and discuss values and policies that promote
democracy; and
(2) communicate, promote, and defend such United States
values and policies.
(c) Access to United States Missions.--The Secretary is authorized
and encouraged to allow access to a United States diplomatic or
consular mission in each foreign country categorized as partly
democratic or nondemocratic in the most recent Annual Report on
Democracy by individuals and representatives of nongovernmental
organizations in that country who are committed to democratic
principles, practices, and values in that country.
SEC. 109. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) Training in Democracy and the Promotion of Democracy and Human
Rights.--Section 708 of the Foreign Service Act of 1980 (22 U.S.C.
4028) is amended by adding at the end the following new subsection:
``(c) Training on Global Democracy Promotion.--
``(1) In general.--In addition to the training required
under subsections (a) and (b), the Secretary of State, in
cooperation with other relevant officials, including the Under
Secretary of State for Global Affairs, and the Director of the
National Foreign Affairs Training Center of the Foreign Service
Institute of the Department of State, shall establish as part
of the training provided after December 31, 2006, for members
of the Service, including all chiefs of mission and deputy
chiefs of mission, instruction in how to strengthen and promote
democracy through peaceful means in consultation with
individuals and nongovernmental organizations that support
democratic principles, practice and values. In particular, such
instruction shall be mandatory for members of the Service
having reporting or other responsibilities relating to internal
political developments and human rights, including religious
freedom, in nondemocratic or partly democratic countries,
including for chiefs of mission and deputy chiefs of mission,
and shall be completed before the time that such member or
chief of mission assumes a post (or, if such is not practical,
within the first year of assuming such post).
``(2) Contents of training.--The training required under
paragraph (1) shall include instruction, a training manual, and
other materials regarding the following:
``(A) International documents and United States
policy regarding electoral democracy and respect for
human rights.
``(B) United States policy regarding the promotion
and strengthening of democracy around the world, with
particular emphasis on the transition to democracy in
nondemocratic countries.
``(C) For any member, chief of mission, or deputy
chief of mission who is to be assigned to a foreign
country that is categorized as nondemocratic in the
Annual Report on Democracy required under section
102(b) of the Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of
2005, instruction regarding--
``(i) the status of political rights in
such country;
``(ii) ways to promote democracy in such
country including building relationships and
consulting with individuals and nongovernmental
organizations in such country that support
democratic principles, practices, and values;
``(iii) providing technical, financial, and
other support to individuals (including
expatriated citizens) and nongovernmental
organizations in such country that support
democratic principles, practices, and values;
``(iv) visiting local landmarks and other
local sites associated with nonviolent protest
in support of democracy and freedom from
oppression;
``(v) conducting discussions with the
leaders of such country regarding--
``(I) a transition to full
democracy;
``(II) political, social, and
economic freedoms;
``(III) United States policy to
promote democracy in foreign countries;
and
``(IV) the possibility that such
leaders might voluntarily cede power;
``(vi) conducting discussions with the
students and young people of such country
regarding--
``(I) a transition to full
democracy;
``(II) political, social, and
economic freedoms; and
``(III) United States policy to
promote democracy in foreign countries;
``(vii) the methods of nonviolent action
and the most effective manner to share such
information with individuals and
nongovernmental organizations in such country
that support democratic principles, practices,
and values; and
``(viii) the investigation and
documentation of violations of internationally
recognized human rights in coordination with
nongovernmental human rights organizations,
violations of religious freedom, including
particularly severe violations of religious
freedom (as such terms are defined in
paragraphs (11) and (13) of section 3 of the
International Religious Freedom Act of 1998 (22
U.S.C. 6402)), political repression, and
government-tolerated or condoned trafficking in
persons that occur in such country.
``(D) The protection of internationally recognized
human rights (including the protection of religious
freedom) and standards related to such rights,
provisions of United States law related to such rights,
the various aspects and manifestations of violations of
such rights, diplomatic tools to promote respect for
such rights, the protection of individuals who have
fled their countries due to violations of such rights
(including the role of United States embassies in
providing access to the United States Refugee
Admissions Program) and the relationship between
respect for such rights and democratic development and
national security. The Director of the National Foreign
Affairs Training Center of the Foreign Service
Institute of the Department of State shall consult with
nongovernmental organizations involved in the
protection and promotion of such rights and the United
States Commission on International Religious Freedom
(established under section 201(a) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6431(a)) in
developing the training required by this
subparagraph.''.
(b) Other Training.--The Secretary shall ensure that the training
described in subsection (a) is provided to members of the civil service
who are assigned in the United States or abroad who have reporting or
other responsibilities relating to internal political developments and
human rights in countries that are categorized as partly democratic or
nondemocratic in the Annual Report on Democracy required under section
102(b).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to develop appropriate
programs and materials to accomplish the training required under
subsection (c) of section 708 of the Foreign Service Act of 1980 (22
U.S.C. 4028), as added by subsection (a).
(d) Clerical Amendments.--Section 708 of the Foreign Service Act of
1980 is further amended--
(1) in subsection (a) by striking ``(a) The'' and inserting
``(a) Training on Human Rights.--The''; and
(2) in subsection (b) by striking ``(b) The'' and inserting
``(b) Training on Refugee Law and Religious Persecution.--
The''.
SEC. 110. PERFORMANCE PAY; PROMOTIONS; FOREIGN SERVICE AWARDS.
(a) Performance Pay.--Section 405(d) of the Foreign Service Act of
1980 (22 U.S.C. 3965(d)) is amended by inserting after the second
sentence the following new sentence: ``Meritorious or distinguished
service in the promotion of democracy in foreign countries, including
contact with and support of individuals and nongovernmental
organizations that promote democracy in a foreign country categorized
as nondemocratic in the most recent Annual Report on Democracy (as
required under section 102(b) of the Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2005), shall also
serve as a basis for granting awards under this section.''.
(b) Promotions.--Section 603(b) of the Foreign Service Act of 1980
(22 U.S.C. 4003(b)) is amended by adding at the end the following new
sentence: ``Precepts for selection boards shall also, where applicable,
include an evaluation of whether members of the Service and members of
the Senior Foreign Service have met the standards of performance
established by the Secretary pursuant to section 110(c) of the Advance
Democratic Values, Address Nondemocratic Countries, and Enhance
Democracy Act of 2005, or have served in a position in which the
primary responsibility is to monitor or promote democracy or human
rights.''.
(c) Regulations and Evaluations Concerning Standards of Performance
and Programs To Promote Democracy.--With respect to members of the
Foreign Service, including all chiefs of mission, who are assigned to
foreign countries categorized as nondemocratic in the most recent
Annual Report on Democracy, the Secretary shall prescribe regulations
concerning the standards of performance to be met under sections 405(d)
and 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 3965(d) and
4003(b)), as amended by subsections (a) and (b), respectively, and the
development of programs to promote democracy in foreign countries under
section 108. The requirements of sections 108 and 109(a) shall serve as
one of the bases for performance criteria in evaluating chiefs of
mission and those officers at posts so designated by the chief of
mission.
(d) Foreign Service Awards.--Section 614 of the Foreign Service Act
of 1980 (22 U.S.C. 4013) is amended by adding at the end the following
new sentence: ``Distinguished or meritorious service in the promotion
of democracy in foreign countries, including contact with and support
of individuals and nongovernmental organizations that promote democracy
in a foreign country categorized as nondemocratic in the most recent
Annual Report on Democracy (as required under section 102(b) of the
Advance Democratic Values, Address Nondemocratic Countries, and Enhance
Democracy Act of 2005), shall also serve as a basis for granting awards
under this section.''.
(e) Congressional Democracy Award.--
(1) Establishment.--There is established a Congressional
Award for Outstanding Achievements in Advancing Democracy to be
awarded to officers or employees of the Government of the
United States. The Award shall be in addition to any other
award issued by the Assistant Secretary for Democracy, Human
Rights, and Labor for the promotion of human rights in such
countries.
(2) Selection.--The Secretary shall establish procedures
for selecting recipients of the Award. The criteria for
selecting recipients of the Award shall include whether the
candidate has made extraordinary efforts to promote democracy.
(3) Financial award.--The recipient of the Award shall
receive not less than $5,000. Such sum shall be in addition to
any other compensation received by the recipient. Amounts
awarded shall be drawn from amounts appropriated to the
Department.
(4) Award ceremony.--Congress shall host an annual awards
ceremony for the recipient of the Award. Costs associated with
travel by the recipient to the ceremony shall be paid by the
United States.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary such sums as may be
necessary to award the Award, including such sums as may be
necessary to cover costs associated with the Award.
SEC. 111. APPOINTMENTS.
(a) Appointments by the President.--Section 302 of the Foreign
Service Act of 1980 (22 U.S.C. 3942) is amended by adding at the end
the following new subsection:
``(c) If an individual (with respect to subsection (a)) or a member
of the Service (with respect to subsection (b)) is appointed by the
President to be and if such individual or such member has previously
served as a chief of mission of the United States in a country at the
time such country was categorized as nondemocratic in an Annual Report
on Democracy (required under section 102(b) of the Advance Democratic
Values, Address Non-Democratic Countries, and Enhance Democracy Act of
2005), the President shall transmit to the Committee on Foreign
Relations of the Senate a written report summarizing the actions that
such individual or member took during the period of such prior service
to promote democracy and human rights in such country, including
actions in furtherance of the action plan contained in such report.''.
(b) Chiefs of Mission.--Section 304(a)(1) of such Act (22 U.S.C.
3944(a)(1)) is amended by adding at the end the following new sentence:
``If the country in which the individual is to serve is categorized as
nondemocratic in the most recent Annual Report on Democracy (as
required under section 102(b) of the Advance Democratic Values, Address
Non-Democratic Countries, and Enhance Democracy Act of 2005), the
individual should possess clearly demonstrated competence in and
commitment to the promotion of democracy in that country, including
competence in promoting democratic practices, values, and ideals
through regular interaction with individuals, including students and
young people within that country, who support and advocate such
principles, practices, and values.''.
TITLE II--ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES
SEC. 201. ALLIANCES WITH OTHER DEMOCRATIC COUNTRIES.
(a) Finding.--Congress finds that it is in the national interest of
the United States, including for humanitarian, economic, social,
political, and security reasons, to forge alliances with democratic
countries to work together to promote and protect--
(1) shared democratic principles, practices, and values;
and
(2) political, social, and economic freedoms around the
world.
(b) Purposes.--The purposes of this title are to encourage new ways
of forging alliances with democratic countries in order to--
(1) promote and protect democratic principles, practices,
and values, including the right to free, fair, and open
elections, secret balloting, and universal suffrage;
(2) promote and protect fundamental shared political,
social, and economic freedoms, including the freedoms of
association, of expression, of the press, of religion, and to
own private property;
(3) promote and protect respect for the rule of law;
(4) develop, adopt, and pursue strategies to advance common
interests in international organizations and multilateral
institutions to which members of the alliance of democratic
countries belong; and
(5) provide political, economic, and other necessary
support to countries that are undergoing a transition to
democracy.
(c) Authorization.--The President is authorized to take such
actions as the President determines to be necessary and appropriate to
establish alliances with other democratic countries to achieve the
purposes described in subsection (b).
(d) Sense of Congress Regarding Participation.--It is the sense of
Congress that any foreign country that is categorized as nondemocratic
in the most recent Annual Report on Democracy submitted under section
102(b) should not participate in any alliance of democratic countries
aimed at working together to promote democracy.
SEC. 202. SENSE OF CONGRESS REGARDING THE ESTABLISHMENT OF A DEMOCRACY
CAUCUS.
(a) Findings.--Congress finds that with the passage of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458), Congress--
(1) encouraged the establishment of a Democracy Caucus
within the United Nations, the United Nations Human Rights
Commission, the United Nations Conference on Disarmament, and
at other broad-based international organizations; and
(2) required increased training in multilateral diplomacy
for members of the Foreign Service and appropriate members of
the Civil Service to support such an establishment.
(b) Sense of Congress.--It is the sense of Congress that the
creation of a Democracy Caucus in each international organization and
multilateral institution of which the United States is a member will
not only improve the internal governance of such organizations but will
also strengthen the implementation of commitments by such organizations
and institutions regarding democracy and human rights.
SEC. 203. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES.
The Secretary, acting through the principal officers responsible
for advising the Secretary on international organizations, shall ensure
that a high level delegation from the United States is sent on an
annual basis to consult with key foreign governments in every region to
promote United States policies, including issues related to democracy
and human rights, at key international fora, including the United
Nations General Assembly, the United Nations Human Rights Commission,
the Organization for Security and Cooperation in Europe, and the United
Nations Education, Science, and Cultural Organization.
SEC. 204. STRENGTHENING THE COMMUNITY OF DEMOCRACIES.
(a) Sense of Congress.--It is the sense of Congress that
establishing a more formal structure for the Community of Democracies
may eventually be necessary in the future, at which time the United
States should guide and strongly support such a development. It is the
sense of Congress that, if properly funded and supported, the Community
of Democracies can achieve great success toward the global promotion of
democratic principles, practices, and values.
(b) Membership Authorized.--The President is authorized to enter
the United States into membership of the Community of Democracies if
the Community should become an organization.
(c) Regional Group in the Community of Democracies.--It is the
sense of Congress that regional groups within the Community of
Democracies should be established and strengthened in order to
facilitate coordination of common positions and action on multilateral
strategies to promote and consolidate democracy.
(d) Authorization of Appropriations.--
(1) Membership in community of democracies.--There are
authorized to be appropriated such sums as may be necessary to
pay the assessed costs for membership of the United States in
the Community of Democracies.
(2) Cost of headquarters.--There is authorized to be
appropriated to the Secretary $5,000,000 for fiscal year 2006
for a grant or voluntary contribution for the acquisition,
refurbishment, or construction of a headquarters building for
the Community of Democracies. Such funds may also be applied
toward the costs of meetings and studies to formalize the
location of such headquarters, the costs of providing equipment
for such headquarters, and other logistical matters related to
such headquarters. Amounts appropriated for these purpose are
authorized to remain available until expended.
(e) Democracy Transition Center.--
(1) Sense of congress.--It is the sense of Congress that
the United States should support the initiative of the
Government of Hungary and the governments of other European
countries to establish a Democracy Transition Center to support
transitions to full democracy.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for a grant or voluntary
contribution to the Democracy Transition Center $4,000,000 for
fiscal year 2006, $3,000,000 for fiscal year 2007, $2,000,000
for fiscal year 2008, and $1,000,000 for fiscal year 2009.
Amounts appropriated under this paragraph shall remain
available until expended.
(3) Use of funds.--Any grant or voluntary contribution made
in fiscal year 2006 by the Secretary to the Democracy
Transition Center under paragraph (2) may be used for the
establishment and operations of the Center and for programs and
activities of the Center. Any grant or voluntary contribution
made in any subsequent fiscal year by the Secretary to the
Center under such paragraph may be used for programs and
activities of the Center.
(4) Programs and activities.--The programs and activities
of the Democracy Transition Center referred to in paragraph (3)
are programs and activities that--
(A) develop, adopt, or pursue programs, campaigns,
and tactics to promote the peaceful transition to
democracy in nondemocratic countries and, in addition,
to work with countries that have gone through a
transition to a partly democratic form of government in
order to consolidate and accelerate progress toward a
fully democratic form of government;
(B) provide political, financial, and other
necessary support to individuals and nongovernmental
organizations that promote democratic principles,
practices, and values in each nondemocratic country,
including training in nonviolent means of protest and
resistance;
(C) support consultations with such individuals and
nongovernmental organizations in countries that are not
fully democratic regarding the best approaches to
assist such countries to make the transition to a fully
democratic form of government;
(D) establish a dialogue with the leaders of each
nondemocratic country to discuss democratic principles,
practices, and values, fundamental freedoms and human
rights, and the possibility of such leaders voluntarily
initiating a transition to democracy;
(E) educate and train diplomats, military attaches,
and other appropriate individuals from member countries
of the Community of Democracies in the means to promote
democracy within host countries that are nondemocratic;
and
(F) undertake any other appropriate or necessary
actions that are compatible with the mission and goal
of the Center.
SEC. 205. FUNDING FOR NONGOVERNMENTAL ORGANIZATIONS SUPPORTING A
COMMUNITY OF DEMOCRACIES.
(a) Grants.--The Secretary is authorized to make grants to United
States nongovernmental organizations which have experience with the
Community of Democracies to assist the Community of Democracies and its
Convening Group to plan its interim and annual conferences and other
related activities with a focus on issues related to the promotion of
transitions to and consolidation of democracy.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 206. REPORTS.
(a) Annual Report on the Status of Democratic Alliances of the
United States.--Not later than October 1 of each year, the Secretary,
in coordination with the Under Secretary of State, the Assistant
Secretary of State for Democracy, Human Rights, and Labor, and
appropriate international organizations, shall submit to the
appropriate congressional committees an Annual Report on the Status of
Democratic Alliances of the United States. Each Annual Report shall
contain the following information:
(1) An evaluation of the efforts undertaken by the United
States to establish a caucus of democratic countries in
international organizations, multilateral institutions, and
related bodies within such organizations and institutions.
(2) An evaluation of efforts undertaken by the United
States to encourage a more formal framework for the Community
of Democracies, including the creation of supporting
institutions.
(3) An evaluation of the efforts undertaken by the United
States to establish the Democracy Transition Center.
(4) An evaluation of any other efforts undertaken by the
United States in furtherance of democratic alliances or
cooperation with democratic countries to promote universal
democracy.
(5) An evaluation of the efforts undertaken by other
democratic states belonging to the Community of Democracies in
furtherance of advancing democracy around the world, including
through the Community of Democracies, relevant bodies of the
United Nations, democracy caucuses, regional organizations, and
bilateral policies and foreign assistance.
(b) Report Regarding Election to a Leadership Post in International
Organizations, Multilateral Institutions, or Bodies Thereof.--In the
event of an election or rotation of any country, or representative of
any country, to a leadership position in an international organization
or multilateral institution (or related body thereof) with a mandate to
vote on issues related to democracy and human rights, if such country
is subject to a determination by the Secretary under section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the
Arms Export Control Act (22 U.S.C. 2780), or section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 2405(j)), or if such country is
categorized as nondemocratic in the most recent Annual Report on
Democracy submitted under section 102(b), the Secretary shall, not
later than 15 days after such election or rotation, notify the
appropriate congressional committees of such election or rotation and
submit a classified report evaluating any steps or actions taken by the
United States to prevent such election or rotation and recommendations
for appropriate further steps or actions.
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY
SEC. 301. POLICY.
It shall be the policy of the United States to provide financial
assistance to eligible entities and eligible individuals in order to
assist such entities and individuals in the promotion of democracy in
countries categorized as nondemocratic in the most recent Annual Report
on Democracy submitted under section 102(b).
SEC. 302. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Findings.--
(1) The Human Rights and Democracy Fund, established under
section 664 of the Freedom Investment Act of 2002 (subtitle E
of title VI of Public Law 107-228) provides critical support
for unique projects that promote democracy and human rights in
foreign countries of strategic significance to the United
States.
(2) Support for such projects underscores the commitment of
the United States to--
(A) promote democracy and human rights; and
(B) fight against terrorism.
(3) Funds allocated to the Human Rights and Democracy Fund
for fiscal years 2000, 2001, 2002, and 2003 have been
$9,000,000, $13,421,000, $13,000,000 and $31,448,000,
respectively.
(4) Additional funding for the Human Rights and Democracy
Fund is in the national interests of the United States.
(b) Purposes of the Human Rights and Democracy Fund.--In addition
to uses currently approved for the Human Rights and Democracy Fund, the
Secretary, acting through the Assistant Secretary of State for
Democracy, Human Rights, and Labor shall use amounts appropriated to
the Human Rights and Democracy Fund under subsection (f) to provide
assistance to eligible entities and eligible individuals to promote
democracy in foreign countries categorized as nondemocratic in the most
recent Annual Report on Democracy submitted under section 102(b). The
promotion of democracy in such countries for which such assistance may
be provided may include the following activities:
(1) The publication and distribution of books and the
creation and distribution of other media, including audio and
video cassettes, compact discs and digital video discs, and
other audio and video publications, and the purchase and
distribution of any equipment needed to review such books and
other media. Such books and other media should include--
(A) factual news and related information about
current and relevant events and developments in such
country and elsewhere in the world; and
(B) educational programming designed to provide
information regarding democracy, the rule of law, free,
fair and open elections, free market economics,
fundamental human rights (including the rights of
freedom of speech and of religion and the rights to be
free from slavery and bondage), and successful
democratic movements in history.
(2) The translation into languages spoken in such countries
of relevant programming and existing books, videos, and other
publications relating to the subjects specified in
subparagraphs (A) and (B) of paragraph (1).
(3) The promotion of political pluralism within such
countries, including the promotion of nongovernmental
organizations and movements that promote democratic principles,
practices, and values.
(4) The promotion of the rule of law and the protection of
minorities.
(5) The creation of educational programs for leaders and
members of democratic movements to convey information to such
individuals regarding the means of nonviolent force and the
methods of nonviolent action.
(6) The creation of programs for student groups to work
with citizens of such countries who are committed to democratic
reforms and to the promotion of a transition to democracy.
(7) The production and distribution of materials that
promote and celebrate democracy and the equipment needed to
produce such materials.
(8) The creation of cultural exchanges between citizens of
such countries and citizens of the United States.
(9) The creation of projects to strengthen the parliaments
and parliamentary staff in such countries.
(10) The creation of programs to ensure transparency and
accountability for government revenues and expenditures, with
particular emphasis on revenues derived from extractive
industries.
(11) The creation of training programs for citizens of such
countries concerning international legal obligations to support
democracy and human rights, including religious freedom.
(12) Any other activities related to the promotion of
democracy or the transition of such countries to democracy that
the Under Secretary determines appropriate.
(c) Freedom Investment Act of 2002.--Section 664(b) of the Freedom
Investment Act of 2002 (subtitle E of title VI of Public Law 107-228),
relating to the purposes of the Human Rights and Democracy Fund, is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6);
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) to support the study of democracy abroad, including
support for debates and discussions at academic institutions,
regarding the values and benefits of democracy; and''; and
(4) in paragraph (6), as redesignated by paragraph (2) of
this subsection, by striking ``(4)'' and inserting ``(5)''.
(d) Administrative Authorities.--Assistance provided through the
Human Rights and Democracy Fund may be provided to eligible entities
and eligible individuals in foreign countries notwithstanding any
provisions of law that prohibit assistance to a foreign country or to a
government of a foreign country.
(e) Annual Report on the Status of the Human Rights and Democracy
Fund.--Within 60 days of the conclusion of each fiscal year, the
Assistant Secretary of State for Democracy, Human Rights, and Labor
shall submit to the appropriate congressional committees an annual
report on the status of the Human Rights and Democracy Fund. Each such
annual report shall contain the following information:
(1) An identification of each eligible entity and eligible
individual who received assistance during the previous fiscal
year under subsection (b) and a summary of the activities of
each such recipient.
(2) An account of projects funded and outside contributions
received during the previous fiscal year.
(3) A balance sheet of income and outlays current as of the
conclusion of fiscal year to which such report is relevant.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Human Rights and Democracy Fund to carry out the purposes
of this section $100,000,000 for fiscal year 2006 and
$150,000,000 for fiscal year 2007. Amounts appropriated under
this section shall remain available until expended.
(2) Administrative expenses.--Not more than five percent of
amounts appropriated to the Human Rights and Democracy Fund for
each fiscal year may be applied toward administrative expenses
of the carrying out this section.
(3) Contributions.--The Secretary may accept contributions
to the Human Rights and Democracy Fund from the governments of
other democratic countries, private foundations, private
citizens, and other nongovernmental sources.
TITLE IV--SUPPORT FOR SPECIAL AND REGIONAL INITIATIVES
SEC. 401. FINDINGS.
Congress makes the following findings:
(1) The Helsinki Final Act of 1975 of the Conference on
Security and Cooperation in Europe (1 August 1975) and the
Helsinki Process empowered democrats living in nondemocratic
countries to organize and insist that the governments of such
countries honor the commitments to economic and human rights
that such governments had pledged. These local democrats and
the Helsinki Process played a fundamental role in bringing
about the peaceful end to the communist dictatorships of
Eastern Europe.
(2) Since 1975, Algeria, Egypt, Israel, Jordan, Morocco,
and Tunisia have been ``Mediterranean Partners for
Cooperation'' with the Organization for Security and
Cooperation in Europe.
(3) Conferences regarding security and cooperation in the
regions of Africa, Asia, and the Middle East present an
opportunity to establish an agreement concerning organizing
principles and processes to guide the countries of these
regions in the transition to greater security, prosperity,
justice, and freedom.
(4) At the Second Ministerial Conference of the Community
of Democracies in Seoul, South Korea, all participating
governments endorsed the importance of furthering democracy
through the formation of regional groups and initiatives.
United States support for this regional approach would have a
beneficial impact on the promotion of democracy in
nondemocratic countries.
SEC. 402. SENSE OF CONGRESS REGARDING SUPPORT FOR REGIONAL INITIATIVES.
It is the sense of Congress that the President, acting through the
Secretary, the Under Secretary, and relevant United States chiefs of
mission, should support the efforts of countries and groups in the
regions of the Mediterranean, the Middle East, Asia, and Africa to
organize regional processes similar to the Helsinki Process to promote
better relations among each other and among the other countries of the
world, to promote peaceful relations, to strengthen regional security,
and to promote fundamental rights and political, economic, and social
progress.
TITLE V--PRESIDENTIAL ACTIONS
SEC. 501. DESCRIPTION OF PRESIDENTIAL ACTIONS.
(a) Authorization.--With respect to a foreign country categorized
as nondemocratic in the most recent Annual Report on Democracy
submitted under section 102(b), the President is authorized to--
(1) issue a private or public demarche to, or a public
condemnation of, the government or any official of the
government of such country;
(2) issue a public condemnation within one or more
multilateral fora to the government or any official of the
government of such country;
(3) recall the chief of mission to such country;
(4) investigate, block during the pendency of an
investigation, regulate, direct and compel, nullify, void,
prevent, or prohibit any acquisition, holding, withholding,
use, transfer, withdrawal, transportation, importation or
exportation of, or dealing in, or exercising any right, power,
or privilege with respect to, or transactions involving, any
property subject to the jurisdiction of the United States in
which the government of such country or any official of the
government of such country has any interest;
(5) instruct, through the Secretary of the Treasury, the
United States executive directors to each international
financial institution to vote against and actively oppose any
extension by the respective institution of any loan, credit, or
guarantee to or for the benefit of the government, or any
specified official of the government, of such country;
(6) direct the Overseas Private Investment Corporation, and
the Trade and Development Agency, as appropriate, to not
approve the issuance of any (or a specified number of)
guarantees, insurance, extensions of credit, or participations
in the extension of credit for the benefit of or with respect
to the government, or any specified official of the government,
of such country;
(7) prohibit the United States from procuring, or entering
into any contract for the procurement of, any goods or services
from any specified official of the government of such country;
(8) order the heads of appropriate United States agencies
to not issue any (or a specified number of) specific licenses,
and to not grant any other specific authority (or a specified
number of authorities), to export any goods or technology to
any specified official of the government of such country, or to
any other specified resident of such country, under--
(A) the Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.);
(B) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
(C) the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.); or
(D) any other Federal law that requires the prior
review and approval of the United States as a condition
for the export or reexport of goods or services; and
(9) consistent with section 212(f) of the Immigration and
Nationality Act (8 U.S.C 1182(f)), deny entry into the United
States of any specified alien who--
(A) is an official of the government of such
country; or
(B) is a spouse, minor child, or agent of such an
official.
(b) No Effect on Existing Law.--The encouragement to Presidential
action provided under this section is in addition to and shall not
supersede United States obligations under domestic law or international
agreement.
(c) Regulations.--The President may issue such regulations,
including regulations prescribing definitions, as may be necessary for
the exercise of the actions described in this section.
SEC. 502. INVESTIGATION OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN
LAW.
(a) In General.--The President, with the assistance of the
Secretary, the Under Secretary, and the Ambassador-at-Large for War
Crimes Issues, shall collect information regarding incidents that may
constitute crimes against humanity, genocide, slavery, or other
violations of international humanitarian law by leaders or other
government officials of foreign countries categorized as nondemocratic
in the most recent Annual Report on Democracy submitted under section
102(b).
(b) Report.--Not later than January 15 of each year, the President,
acting through the Secretary, with the assistance of the Under
Secretary and the Ambassador-at-Large for War Crimes Issues, shall
submit to the appropriate congressional committees a report concerning
the information collected under subsection (a) and any findings,
determinations, or recommendations made on the basis of such
information.
(c) Accountability.--The President shall consider what actions can
be taken to ensure that the leaders or other government officials of
foreign countries who are identified in accordance with subsection (a)
as responsible for crimes against humanity, genocide, slavery, or other
violations of international humanitarian law are brought to account for
such crimes in an appropriately constituted tribunal.
(d) Limitation on Disclosure.--Nothing contained in this section
shall require the disclosure, on a classified or unclassified basis, of
information that the President determines would jeopardize sensitive
sources and methods or other national security interests of the United
States.
SEC. 503. PRESIDENTIAL COMMUNICATIONS.
(a) Finding.--Congress finds that direct communications from the
President to citizens of countries that are categorized as
nondemocratic in the most recent Annual Report on Democracy submitted
under section 102(b) would be extremely beneficial to demonstrate that
the United States supports such citizens and the efforts and actions of
such citizens to promote and achieve transition to democracy in such
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) from time to time as the President shall determine
appropriate, the President should broadcast a message to the
citizens of countries categorized as nondemocratic in the most
recent Annual Report on Democracy submitted under section
102(b) expressing the support of the United States for such
citizens, discussing democratic principles, practices, and
values, and political, social, and economic freedoms, and
condemning violations of internationally recognized human
rights (as such term is described in section 116(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a))),
violations of religious freedom, including particularly severe
violations of religious freedom (as such terms are defined in
paragraphs (11) and (13) of section 3 of the International
Religious Freedom Act of 1998 (22 U.S.C. 6402)), political
repression, and government-tolerated or condoned trafficking in
persons that occur in such country; and
(2) the President should encourage leaders of other
democratic countries to make similar broadcasts.
TITLE VI--NATIONAL SECURITY COUNCIL
SEC. 601. SPECIAL ASSISTANT ON NONDEMOCRATIC COUNTRIES.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended--
(1) by redesignating the second subsection (i), as added by
section 301 of the International Religious Freedom Act of 1998
(Public Law 105-292), as subsection (k); and
(2) by adding at the end the following new subsection:
``(l) It is the sense of Congress that there should be within the
staff of the National Security Council a Special Assistant to the
President on Nondemocratic Countries and Transition to Democracy whose
position should be comparable to that of a senior director within the
Executive Office of the President. The Special Assistant should serve
as liaison with the Under Secretary of State for Global Affairs,
Congress and, as advisable, nongovernmental organizations committed to
the promotion of democracy. The Special Assistant should serve as a
resource for executive branch officials to--
``(1) compile and maintain information on the facts and
circumstances of actions by the leaders of nondemocratic
countries and any threats to national and global security posed
by such countries;
``(2) support interagency meetings either at the Deputy or
Assistant Secretary level to discuss--
``(A) the promotion of democracy;
``(B) the protection of human rights; and
``(C) individualized strategies for the promotion
of democracy in nondemocratic and partly democratic
countries;
``(3) facilitate transition to a fully democratic form of
government for countries that are partly democratic; and
``(4) make policy recommendations.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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